Federal Court Denies Greenhouse Gas Stay for Texas

Texas' bid to stop the federal government's efforts to regulate greenhouse gases hit another roadblock today, when the 5th Circuit Court of Appeals turned down the state's request for a stay of a move to force states to implement federal plans.

"Petitioners have not met their burden to satisfy the legal standards required to allow a stay pending appeal," the court said, in its short denial.

Texas has been at the forefront of efforts — including in the courts — to stop the Environmental Protection Agency from regulating greenhouse gases. Last week the EPA announced that it would directly take over the emissions permitting process for new Texas refineries and power plants. Texas is the only state in the country refusing to implement the EPA's greenhouse gas regulations, which begin (in a limited way) in January.

Environmentalists praised the court's move. The Environmental Defense Fund "urges Governor Perry and Attorney General Abbott to stop wasting tax payer dollars on frivolous lawsuits, which only seek to protect big polluters," said Jim Marston, director of the group's Texas office, in a statement.

According to the EDF, earlier Texas efforts to stop the EPA have also been rebuffed by the D.C. Circuit.

Texas's efforts are hardly over, however. "The Respondent's Motion for dismissal or in the alternative transfer to the D.C. Circuit remains before the panel," the 5th Circuit said.

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